A. Appointment Or Designation: There shall be one Judge of the Municipal Court who shall be appointed by the Mayor, with the consent of the City Council; the Mayor may be designated as Judge upon approval of said City Council.
B. Qualifications:
1. The Municipal Judge shall be at least twenty one (21) years of age and must be duly licensed to practice law in the state. The Judge may engage in the practice of law in other courts, but shall not accept employment inconsistent with his duties as Judge, or arising out of facts which give rise to or are connected with cases within the jurisdiction of the court, pending therein or which might become the subject of proceedings therein. He may serve as Judge of other municipal criminal courts, if such service may be accomplished consistently with his duties as Judge of this court.
2. If the Judge of the Municipal Court is not a licensed attorney, the trial shall be to the court, and the court may not impose a fine which exceeds fifty dollars ($50.00) and may not order the defendant imprisoned, except for the nonpayment of fines or costs 1 .
C. Term: The official term of the Municipal Judge shall be two (2) years, expiring on January 31 in each odd numbered year. The Municipal Judge, unless sooner removed for proper cause, shall serve until his successor is appointed and has qualified.
D. Contractual Salary: The judge of the municipal court shall receive a contractual salary as prescribed by the city council.
E. Rules For Conduct Of Court: The municipal judge may prescribe rules, consistent with the state constitution and laws and this code, for the proper conduct of the business of the municipal court.
F. Alternate Judge And Acting Judge:
1. Appointment: There may be appointed an alternate judge of the municipal court, possessed of the same qualifications as the municipal judge, as set out in subsection B of this section.
a. His appointment shall be for the same term and made in the same manner as the municipal judge. He shall sit as acting judge of the municipal court in any case if the municipal judge is absent from the court or unable to act as municipal judge in a case.
b. If, at any time, there is not a municipal judge or alternate judge, duly appointed and qualified, available to sit as municipal judge, the city council may appoint some person possessing the qualifications required by this section for the municipal judge, who shall preside as acting judge over the municipal court in the disposition of pending matters until such time as a municipal judge or alternate judge shall be available.
2. Salary: An alternate judge or an acting judge shall be paid, as prescribed by the city council, for each day devoted to the performance of his duties, except that, for any month, the total payments so calculated shall not exceed the salary of the municipal judge in whose stead he sits. An alternate or acting judge who sits for an entire month shall receive the amount specified by the city council as the salary of the municipal judge in whose stead he sits.
G. Removal: Judges shall be subject to removal from office by the city council, for the causes prescribed by the state constitution and laws for the removal of public officers. Provisions of the Oklahoma administrative procedure act governing individual proceedings
2 shall govern removal proceedings hereunder so far as they can be made applicable.
H. Vacancies: A vacancy in the office of municipal judge shall occur if the incumbent dies, resigns, ceases to possess the qualifications for the office or is removed. Upon the occurrence of a vacancy in the office of municipal judge, the mayor shall appoint a successor to complete the unexpired term, using the same procedure as for an original appointment. (1991 Code § 1-34)
I. Compensation: The compensation of the judge and the alternate or acting judge of the municipal court of the city shall be as determined by resolution of the city council. (1991 Code § 11-6)
J. Disqualification Of Judge:
1. In prosecutions before the municipal court, no change of venue shall be allowed, but the municipal judge before whom the case is pending may certify his disqualification or he may be disqualified from sitting, under the terms, conditions and procedures provided by law for courts of record.
2. If the municipal judge is disqualified, the matter shall be heard by an alternate or acting judge, appointed as provided in this section. (1991 Code § 11-7; amd. Ord. 21-22, 6-8-2021)
Notes
| 1 | 1. See also section 1-4-2 of this title. |
| 2 | 1. 75 OS §§ 308 - 317, and any amendments or additions thereto in effect at the time of the hearing. |